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submit the initiative to its supervisory organ together with its opinion thereon. Within thirty days
of receipt of the submission, the supervisory organ shall inform me of its position and on the
measures taken.90
If, on the basis of an inquiry conducted, I come to the conclusion that the authority subject to
inquiry is unable to eliminate the fundamental rights-related impropriety within its competence, I
may–by simultaneously informing the authority subject to inquiry–address a recommendation to
the supervisory organ of the authority subject to inquiry. Within thirty days of receipt of the
initiative the supervisory organ concerned has to inform me of its position on the merits of the
initiative and on the measures taken.91 If the authority subject to inquiry has no supervisory
organ, I shall address the recommendation to the authority subject to inquiry.92
If I initiate proceedings by the competent prosecutor through the Prosecutor General, the
competent prosecutor has to inform me of his/her position and his/her measure, if any, within
sixty days.93
If, in order to eliminate ill-treatment or the danger thereof, I propose to modify, repeal or issue a
legal rule, the requested organ has to inform me of its position and of any measure taken within
sixty days.94
The provisions of Section 38, Subsection (1) of the Ombudsman Act constitute the key legal
guarantees of dialog on my recommendations. In accordance with the aforementioned legal
regulation, if the authority subject to inquiry or its supervisory organ fails to form a position on
the merits and to take the appropriate measure, or I do not agree with the position or the
measure taken, I may submit the case to the Parliament within the framework of my annual
report and ask the Parliament to inquire into the matter. If the impropriety is of flagrant gravity
or affects a larger group of natural persons, I may propose that the Parliament debate the matter
before the annual report is put on its agenda. The Parliament shall decide on whether to put the
matter on the agenda. The visits of the NPM did not uncover infringements of such gravity that
would have prompted me to turn to the Parliament.
See Section 32, Subsection (3) of the Ombudsman Act
See Section 31, Subsection (1) of the Ombudsman Act
92 See Section 31, Subsection (4) of the Ombudsman Act
93 See Section 33, Subsection (1) of the Ombudsman Act
94 See Section 37 of the Ombudsman Act
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